Ray v. Sisto

Filing 37

ORDER signed by Judge Morrison C. England, Jr on 4/11/11 ORDERING that petitioner's Motion to Proceed In Forma Pauperis on appeal 35 is GRANTED. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD RAY,

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Petitioner,
vs.
D.K. SISTO,

ORDER
Respondent.

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No. 2: 09-cv-0644 MCE KJN P

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Petitioner has filed a motion to proceed in forma pauperis on appeal. Fed. R.
App. 24(a)(1) sets forth the requirements for applications to proceed in forma pauperis on appeal:
The party must attach an affidavit that:
(A) shows in the detail prescribed by Form 4 of the Appendix of
Forms the party’s inability to pay or to give security for fees and
costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on appeal.

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Fed. R. App. 24(a)(1).
Petitioner’s motion adequately describes his inability to pay. However,

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petitioner’s motion claims neither an entitlement to redress nor states the issues that petitioner

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intends to appeal. However, on February 3, 2011 petitioner filed a motion for a certificate of

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appealability addressing these matters. The Court takes judicial notice of the motion for
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certificate of appealability and finds that petitioner’s motion to proceed in forma pauperis on

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appeal is well supported.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion to proceed in
forma pauperis on appeal (ECF. No. 35) is granted.
Dated: April 11, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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